Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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10. To ask the Minister for Defence if he will meet with the parents of a person (details supplied) to discuss their ongoing concerns regarding the circumstances surrounding the death of their son; and if he will make a statement on the matter. [29386/13]

Alan Shatter (Dublin South, Fine Gael)
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I wish to extend my sympathies to the family members of the deceased. I have been in correspondence with the family on the matter and officials from my office met with them as recently as 16 May. The family have supplied me with information in relation to their concerns. This information has been examined by officials in my Department and I have now sought further legal advice from the Office of the Attorney General. When this advice is received, I will be in a position to consider the matter further.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I thank the Minister for the apparent positivity of his response. I acknowledge that he takes a personal interest in this particularly sensitive matter. We are discussing an incident in which two members of the Air Corps, Cadet David Jevens and Capt. Derek Furniss, lost their lives. I do not in any way wish to add to the deep distress that the families of both men continue to experience. It is none the less a fact that the Jevens family, in particular, remain seriously concerned about the accident and the events leading up to it. As the Minister will be aware, the family is deeply distressed and concerned after spending countless hours studying the documentation, the regulations and the procedures that surround military courts of inquiry and the air accident investigation unit. The family is raising issues that, if found to be correct, are of fundamental importance to the Air Corps. I believe the Minister realises the significance and sensitivity of the issue and I appeal to him to meet the family at the earliest opportunity in order to address the issues arising. If it is possible to put the minds of family members at rest in respect of these issues, I ask him to do so and, if it is not possible, whatever investigations may be required should be instigated.

Alan Shatter (Dublin South, Fine Gael)
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As the Deputy will be aware, three separate investigations have been conducted into this tragic accident. The first was conducted by the air accident investigation unit of the Department of Transport, Tourism and Sport, which published its report on 24 January 2012. The second was held with the coroner's inquest in May 2012. The coroner recorded a verdict of accidental death in respect of the individual in question. The third investigation was by a military court of inquiry, which was convened on 26 July 2012 and produced its report on 17 January 2013.

The air accident investigation unit found that the probable cause of the accident was spatial disorientation of the instructor pilot in conditions of poor visibility, resulting in a controlled flight into terrain. The court of inquiry's findings are in agreement that the accident was caused by the spatial disorientation of the instructor who was piloting the aircraft in conditions of poor visibility. The coroner's inquest returned a verdict of accidental death in respect of cadet pilot Jevens and an open verdict in respect of the instructor pilot. All of the reports indicate that the cadet bore no responsibility of any kind for the accident. I am aware of the concerns expressed by the Jevens family but it appears for some reason that the family retains a view that someone believes this tragedy was in some way the fault of Cadet Jevens. Three reports have made it absolutely clear that it was not his fault. I would dearly like to set the minds of family members at rest in that regard. In the context of the more recent issues raised, I am obtaining advice thereon and having done so will duly respond.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I pay tribute to the Secretary General of the Department, whom I understand has met the family on the Minister's behalf in an attempt to resolve the matter. However, far from the matter being resolved, the family continues to identify what it sees as serious problems with safety measures and the conduct of the various inquiries to which the Minister referred. I fear that if much more time is lost between now and when he meets the family, this problem will be further exacerbated. I welcome his indication that he would meet the family and ask him to do so at his earliest convenience.

Alan Shatter (Dublin South, Fine Gael)
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I emphasise that there is no question of any nature of Cadet Jevens being responsible for the events that occurred. I dearly wish that the family understood and fully accepted that there is no issue in that context. In the context of the various safety recommendations of the air accident investigation unit, I am advised that all seven safety recommendations have been acted upon or implemented. Owing to the nature of some of the recommendations, work remains ongoing in two specific areas. These relate to the recommendation concerning external input into the Air Corps safety management system and the recommendation on implementation of flight data monitoring. The position in respect of the former is that the Air Corps has accepted the suggestion of inclusion of external input into the safety management system auditing process and identified a suitable expert to visit the Air Corps in this regard. It is anticipated that the safety management system review will be completed in 2013. The position in respect of flight data monitoring is that a study on this matter has been completed and steps have been taken to commence implementation of recommendations made on equipping all aircraft in the fleet with flight data monitoring.

Based on the reports that were published, neither of these matters was an issue that resulted in the tragic events that occurred. It is clear and without doubt from all of the reports that the accident was a consequence of the training pilot or instructor pilot suffering spatial disorientation in conditions of poor visibility, resulting in a controlled flight into terrain. That was the reason for this event. As I stated, the Department will continue to try to provide to the family any further information of relevance we can and we will do what we can to set their minds at rest. In so far as there are any suggestions of any nature of any legal issues in respect of which the family have concern, I will deal with such matters based on the best advice available to me.